096-22 - A-Advanced Septic Services, Inc. - ContractDocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
CITY OF PORT ORCHARD SMALL WORKS OVER 35K
CONSTRUCTION CONTRACT NO. C096-22
PUBLIC WORKS PROJECT NO. PW2022-017
THIS Agreement is made effective as of the 131h day of September, 2022, by and
between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
and
A -Advanced Septic Services, Inc
corporation located at:
1602 West Valley Hwy S
Auburn, WA 98001
("CONTRACTOR"), a Washington
Contact: Jacquelyn Yusko Phone: 253.435.9999 Email: iacguelyn@Aadvancedservices.com
for the following Project:
2022 McCormick Woods Annual Septic Tank Cleaning ("PROJECT")
The City and Contractor agree as follows:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction,
2022 edition, together with APWA Supplement (1-99), subject to specific provisions
contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance;
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
City ojPort Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
S►nall Works Contract No. C096-22
U:\9 Sewer Utility\F_Repair&Maint=nccWcComick woods septic tanks\2022\Pumping\C096-22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLI'mid.doca
Page 1 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g;
i. 2019 Public Works Engineering Standards;
j. Appendix A: Non -Discrimination Statutes and Authorities.
k. The bid proposal submitted by the Contractor, except when inconsistent with Contract
Documents a-j.
All of the above -listed Contract Documents are each made exhibits to this Agreement and are
incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is
to include all items necessary for the proper execution and completion of the Work by the
Contractor. These Contract Documents complement each other in describing a complete work.
Any requirement in one document binds as if stated in all. The Contractor shall provide any work
or materials clearly implied in the Contract even if the Contract does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be September 14, 2022. The Contractor shall substantially complete the Work not
later than November 15, 2022, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in
accordance with the above described Construction Contract Documents. The Contractor
shall provide and bear the expense of all equipment, work, and labor of any sort
whatsoever that may be required for the transfer of materials and for constructing and
completing of the work provided for in these Construction Contract Documents, except
those items mentioned therein to be furnished by the City. Contractor represents that the
services furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
4. Subject to additions and deductions by change order, the construction maximum payment
is the base bid amount of $35,261.91 (51 Septic tanks at $691.41 per tank, all inclusive)
(hereinafter "Contract Sum"). The construction Contract Sum shall include all items and
services necessary for the proper execution and completion of the work. The City hereby
promises and agrees with the Contractor to employ and does employ the Contractor to
provide the materials and to do and cause to be done the work described in the
Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the terms and conditions herein contained; and hereby
contracts to pay for the same at the time and in the manner and upon the conditions
provided for in this Contract.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rcv. IBDR 4-2022
Small Works Contract No. C096-22
U:\9Smc, Utility\F_Repair&Maimcnancc\McCotmick woods septic Unks\2022\Pumping\C096-22 Contmi\C096-22 McCormick Woods Annttal Septic Tank Clcaning-TLfrmtd.docz
Page 2 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
S. The Contractor agrees to comply with all state and federal laws relating to the employment
of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types
and in the amounts set forth in the Construction Contract Documents. The Contractor
warrants that it is licensed and authorized to do business under the laws of the State of
Washington and has not been suspended or debarred in the past three (3) years.
6. The Contractor agrees to repair and replace all property of the City and all property of
others damaged by Contractor, Contractor's employees, sub -contractors.
7. The Contractor does hereby agree to the full performance of all the covenants herein upon
the part of the Contractor. Such agreement shall be binding upon Contractor's heirs,
executors, administrators, successors, and assigns.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in
federally assisted programs of the Department of Transportation issued pursuant to such Act,
must affirmatively insure that its contracts comply with these regulations.
Also, in accordance with Title VI, the City is required to include the following clauses in every
contract subject to Title VI and its related regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
a) Compliance with Regulations: The Contractor will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S.
Department of Transportation, Federal Highway Administration (FHWA), as they may be
amended from time to time, which are herein incorporated by reference and made a part
of this Agreement.
b) Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate
directly or indirectly in the discrimination prohibited by the Acts and the Regulations as
set forth in Appendix A, attached hereto and incorporated herein by this reference,
including employment practices when this Agreement covers any activity, project, or
program set forth in Appendix B of 49 C.F.R. part 21.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr Ulilily\F_Repair&Mainicnance\McCormick woods septic tanks\2022Tumping\C096-22 Contract\C096-22 McCormick Woods Annual Seplic Tank Cleaning-TLfrmld.docx
Page 3 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the Contractor
of the Contractor's obligations under this Agreement and the Acts and the Regulations
relative to Non-discrimination on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP.
d) Information and Reports: The Contractor will provide all information and reports required
by the Acts, the Regulations and directives issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the City or the FHWA to be pertinent to ascertain compliance with such
Acts, Regulations, and instructions. Where any information required of the Contractor is
in the exclusive possession of another who fails or refuses to furnish the information, the
Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what
efforts it has made to obtain the information.
e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Agreement, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a
through 9.f in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto. The Contractor will take action with respect to any subcontract or procurement
as the City or the FHWA may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is
threatened with litigation by a subcontractor, or supplier because of such direction, the
Contractor may request the City to enter into any litigation to protect the interests of the
City. In addition, the Contractor may request the United States to enter into the litigation
to protect the interests of the United States.
10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response
documents, and any contract documents may be subject to release under the Public Records Act
Chapter 42.56 RCW and the City may be required to disclose such documents upon a request.
Contractor acknowledges that s/he has been advised to mark any records believed to be trade
secrets or confidential in nature as "confidential." If records marked as "confidential" are found
to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to
give notice to Contractor of the request so as to allow Contractor to seek a protective order from
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
Small Works Contract No. C096-22
U:19_Sewer Utility\F Repair&Maintenance\MeCormiek woods scptic tanks\2022\Pumping\C096-22 Contract\C096-22 McConnick Woods Annual Septic Tank Cleaning-TLkmtd.docs
Page 4 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
a Court. Contractor acknowledges and agrees that any records deemed responsive to a public
records request may be released at the sole discretion of, and without notice by, the City.
11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a
two-year warranty bond in the amount of twenty percent (20%) of the contract price a form
and amount acceptable to the City. The Contractor shall correct all defects in workmanship and
materials within two (2) years from the date of the City's acceptance of the Contract work,
i�cluding replacing vegetation that fails to thrive. In the event any parts are repaired or
replaced, only original replacement parts shall be used —rebuilt or used parts will not be
acceptable. When defects are corrected, the warranty for that portion of the work shall extend
for one (1) additional year from the date such correction is completed and accepted by the
City. The Contractor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Contractor does not accomplish the
corrections within a reasonable time as determined by the City, the City may complete the
corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the
correction.
12. Indemnification. Contractor shall defend, indemnify, and hold the City, its officers,
officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
Contractor's performance of this Agreement, except for that portion of the injuries and damages
caused by the sole negligence of the City.
The City's inspection or acceptance of any of Contractor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION.
THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this agreement.
13. Miscellaneous Provisions.
a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of
the covenants and agreements contained in this Agreement, or to exercise any option
conferred by this Agreement in one or more instances shall not be construed to be a
City of Port Orchard azzd A-Advaiiced Septic Services, Inc
Public Works Project No. PW2022-017 Rev, IBDR 4-2022
Small Works Cataract No. C096-22
1J:\9_Scw Ulilily\F_Rcpair&Maintcnancc\McCormick woods septic lanks\2022\Pomping\C096.22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLI'mid.docn
Page 5 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
waiver or relinquishment of those covenants, agreements or options, and the same shall
be and remain in full force and effect.
b) Resolution of Disputes and Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are
unable to settle any dispute, difference or claim arising from the parties' performance of
this Agreement, the exclusive means of resolving that dispute, difference or claim, shall
only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap
County Superior Court, Kitsap County, Washington, unless the parties agree in writing to
an alternative dispute resolution process. In any claim or lawsuit for damages arising from
the parties' performance of this Agreement, each party shall pay all its legal costs and
attorney's fees incurred in defending or bringing such claim or lawsuit, including all
appeals, in addition to any other recovery or award provided by law; provided, however,
nothing in this paragraph shall be construed to limit the City's right to indemnification
under Section XII of this Agreement.
c) Written Notice. All communications regarding this Agreement shall be sent to the parties
at the addresses listed on the signature page of the Agreement, unless notified to the
contrary. Any written notice hereunder shall become effective three (3) business days
after the date of mailing by registered or certified mail, and shall be deemed sufficiently
given if sent to the addressee at the address stated in this Agreement or such other
address as may be hereafter specified in writing.
d) Assignment. Any assignment of this Agreement by either party without the written
consent of the non -assigning party shall be void. If the non -assigning party gives its
consent to any assignment, the terms of this Agreement shall continue in full force and
effect and no further assignment shall be made without additional written consent.
e) Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
f) Entire Agreement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or
other representative of the City, and such statements shall not be effective or be
construed as entering into or forming a part of or altering in any manner this Agreement.
All of the above documents are hereby made a part of this Agreement. However, should
any language in any of the Exhibits to this Agreement conflict with any language contained
in this Agreement, the terms of this Agreement shall prevail.
g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and
municipal laws, rules, and regulations that are now effective or in the future become
applicable to Contractor's business, equipment, and personnel engaged in operations
covered by this Agreement or accruing out of the performance of those operations.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
S►nall Works Contract No. C096-22
U:\9_Sewcr Utility\:_Repair&MainienanceUleCormick woods septic tanks\2022\Pumping\W96-22 Conlracl\096-22 McCormick Woods Annual Septic Tank Cleaning-TUnnid.docx
Page 6 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
h) Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD
FDocuSigned by:
}°ob v rwaat"SIgk
Robert Putaansuu, Mayor
ATTEST/AUTH ENTICATE:
DocuSigned by:
braAAJ , % a Gt,
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
DocuSigned by:
Charlotte A. Archer, City Attorney
CONTRACTOR
A -Advanced Septic Services, Inc.
By:
Its:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewer UtiliiyW Repair&MaintenanceNcComsick woods septic tanksU022\Pumping\CO96-22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TUmid.d—
Page 7 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, Joerg A._Gunia (Corporate Officer (Not Controct Signer))
certify that I am the President (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
Joshua B. Gunia , (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then vice President (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope pf its corporate powers.
Corpo
Corp. officer signature knot contract signer)
Joer A. Gunia
Prin d
Pr sident
Title
State of Washinp-ton _ )
ss
County of King )
Joerg A. Gunia , (corporate officer (not contract signer)) being duly
sworn, deposes and says that he/she is President (Corporate Title) of
A -Advanced Septic Services, Inc. (Name of Corporation)
Subscribed and sworn to before me this 22nd day of August , 2p 22
ko
ota Public (Signatu
,,,%'10;ELY1;t�/-�,,
��P�• �eVoM3Nr'•rGs�'�.
. Qo Vol- so,
O�
�] ACd a Gy�1 �LIS I�b
NotAP?Vi°
Notary Public (Print)
_
• ���
My commission expiresA.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. [BDR 4-2022
Small Works Contract No. C096-22
V:19_Sewer Ulility�F_Repair&Mainimance',McCormick woods septic tanksr2022Tumping\C1"6- 2 ContractlC096.22 McCormick Woods Annual Septic Tank Cleaning-TUmtd,dacx
Page 8 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material,
equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals
necessary to complete the work in a fully functional and operational state. All prices including bid
prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives
a contract executed by the City. "Bidder" means the person, firm or corporation that has made
an offer in response to the invitation to bid. "Work" means the construction and services required
by the Contract Documents, whether completed or partially completed, and includes all other
labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill
thje Contractor's obligations.
3.� LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of
registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In
addition, the bidder must not be disqualified from bidding on any public works contracts under
kW 39.06.010 or 39.12.065(3).
4.I PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders
are warned to take into consideration statutory legal requirements, particularly, the payment of
prevailing wages and fringe benefits, payment and performance bonds and sales tax implications
in;, making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor
classifications) are identified and that the applicable wage and benefit rates are taken into
consideration when preparing their bid according to these specifications. The Contractor shall
complete and file State of Washington, Department of Labor & Industries, Statement of Intent to
Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9-Scwcr UtilitykF Rcpair@Maintenancc\McConnick woods scptic tank5\2022\P=ping\C096.22 Contract\096-22 McCormick Woods Annual Scptic Tank Cleaning-TUmtd.docx
Page 9 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5 PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with
C�apters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall
submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay
Prevailing Wages," which must be approved by the Department of Labor and Industries (See link
below.) Following the final acceptance of the project, the Contractor must submit — on behalf of
itself and every Sub -Contractor — an "Affidavit of Wages Paid" for final payment. Final payments
shall be made in accordance with the requirements of Chapter 39.12 RCW.
Refer to https://fortress.wa.gov/ini/wagelookup/prvWagelookup.aspx for Washington State
Prevailing Wage rates.
6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the
Attachment entitled "Insurance Requirements."
7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be
by written addenda only.
8! PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes
to perform all work for this project in strict accordance with the Contract Documents, at the
Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
9 1TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item.
Itshall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when
applicable.
10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a
discrepancy between the numerical unit price and the written (words) unit price is found, the
written (words) unit price shall control.
11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
contractor is responsible for all fees resulting from these statutes.
12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only
form that will be recognized by the City as an award. The executed Contract supersedes all
previous communications and negotiations, except as referenced herein, and constitutes the
entire agreement between the City and Contractor (parties), except as provided herein. The
Contractor shall not make any changes, alterations, or variations in the terms of the Contract
without the written consent of the City. No terms stated by the Bidder in its proposal shall be
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:V_Sewef UtiliW_Repair&Maintcnan«1McCo mick woods septic mnks\2022Tumping\C096-22 ContmctNC09G22 McCorraick Woods Annual Septic Tank C1=ing-TLfrrn1d.doc:
Page 10 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
binding on the City unless accepted in writing by the City. The successful bidder may not assign
the Contract resulting from this invitation to bid without the City's prior written consent. No
waiver by the City of a breach of any provision of the terms and conditions outlined in the
invitation to bid shall constitute a waiver of any other breach of such provision or of any other
provisions.
13. CHANGES: The City may issue a written change order for any change in the Contract work
during the performance of this Agreement. If the Contractor determines, for any reason, that a
change order is necessary, Contractor must submit a written change order request to the person
li ted in the Notice provision section of this Agreement, within fourteen (14) calendar days of the
dte Contractor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Contractor's costs or
tine for performance, the City will make an equitable adjustment. The City will attempt, in good
faith, to reach agreement with the Contractor on all equitable adjustments. However, if the
I
parties are unable to agree, the City will determine the equitable adjustment as it deems
appropriate. The Contractor shall proceed with the change order work upon receiving either a
written change order from the City or an oral order from the City before actually receiving the
written change order. If the Contractor fails to require a change order within the time specified
in this paragraph, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment, the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided in subsections A through E of Section
13 entitled, "Claims," below.
The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. A change order that
is accepted by Contractor as provided in this section shall constitute full payment and final
settlement of all claims for contract time and for direct, indirect, and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
14. CLAIMS: If the Contractor disagrees with anything required by a change order, another
written order, or an oral order from the City, including any direction, instruction, interpretation,
or determination by the City, the Contractor may file a claim as provided in this section. The
Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of
the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of
the date the Contractor knew or should have known of the facts or events giving rise to the claim,
whichever occurs first. Any claim for damages, additional payment for any reason, or extension
of, time, whether under this Agreement or otherwise, shall be conclusively deemed to have been
waived by the Contractor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Contractor's written claim shall include the information set forth in subsections
A,'I items 1 through 5 below.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-OI7 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U.V Sawcr Utility Repair&Mainlcna=\McCormick woods scptic tanks\20221Pumpiag\C096-22 Contmc11C096-22 McCormick Woods Annual Scptic Tank Cleaning-TLf mtd.docz
Page 11 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME
ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE
FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the
following information:
1. The date of the Contractor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate was
determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Contractor is asserting a schedule change or disruption.
B. Records. The Contractor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City shall have access to
any of the Contractor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the City
d;termines that a claim is valid, the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
C. Contractor's Duty to Complete Protested Work. In spite of any claim, the
Contractor shall proceed promptly to provide the goods, materials and services required by the
Citty under this Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,
the Contractor also waives any additional entitlement and accepts from the City any written or
oral order (including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims for protested work and
accepts from the City any written or oral order (including directions, instructions, interpretations,
and determination).
15. LIMITATION OF ACTIONS_ CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT
ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE
DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR
SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY
i
LIMITATIONS PERIOD.
16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary
precautions and shall be responsible for the safety of its employees, agents, and subcontractors
in the performance of the contract work and shall utilize all protection necessary for that
purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9 Sn Utilitff_Repair&Mainteru we\McCormick woods septic tw*sU022T=pingNC096-22 Conuw"96.22 McCormick Woods Annual Septic Tsak Cleaning-TU mtd.dom
Page 12 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
any loss of or damage to materials, tools, or other articles used or held for use in connection with
the work.
17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with
al�l applicable local, state, or federal laws and regulations and agrees to indemnify and defend the
City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of
successful bidder's violation of this paragraph.
18. EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an
organization that employs one or more members of any retirement system administered by the
Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and
WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's
employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs),
ol� if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the
nature of the service and compensation would result in a retirement benefit being suspended.
Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Contractor shall
determine whether any of its employees providing services to the City or any of the Contractor's
owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly
complete the form provided by the City after this notification is made. This notification to DRS
could impact the payment of retirement benefits to employees and owners of Contractor.
Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages,
or, other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension
0 rpayment caused by or resulting from Contractor's failure to comply with the terms of this
provision. This provision shall survive termination of this Agreement.
19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under
the following conditions: 1) by mutual written agreement; 2) by the City for breach by the
Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all
damages, including the excess of re -procuring similar products or services; 3) for convenience of
the City; or 4) by the City for non -appropriation of funds.
a) Termination for Cause. The City may, upon 7 days written notice to Contractor and to its
surety, terminate (without prejudice to any right or remedy of the City) the contract, or any
part of it, for cause upon the occurrence of any one or more of the following events:
Contractor fails to complete the work or any portion thereof with sufficient diligence to
ensure substantial completion of the work within the contract time; Contractor is adjudged
bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is
appointed on account of its insolvency; Contractor fails in a material way to replace or correct
work not in conformance with the Contract Documents, Contractor repeatedly fails to supply
skilled workers or proper materials or equipment; Contractor materially disregards or fails to
comply with laws, ordinances, rules, regulations, or orders of any public authority having
jurisdiction; or Contractor is otherwise in material breach of any provision of the contract.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 1BDR 4-2022
Small Works Contract No. C096-22
UA9_Sewcr Utility\F_Repair&Mnintc z=\McCornick woods septic tanks\2022Vk=ping\0096.22 Conuw\C'096-22 McCormick Woods Annual Scptic Tank Clcaning-TLfrmtd.do
Page 13 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
Upon termination, the City may, at its option, take possession of or use all documents,
materials, equipment, tools, and construction equipment and machinery thereon owned by
Contractor to maintain the orderly progress of, and to finish, the work, and finish the work
by whatever other reasonable method it deems expedient.
b} Termination for Convenience. The City may, upon written notice, terminate (without
prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience
of the City.
c) Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to
make a request for an equitable adjustment for its reasonable direct costs incurred prior to
the effective date of the termination, plus a reasonable allowance for overhead and profit on
work performed prior to termination, plus the reasonable administrative costs of the
termination, but shall not be entitled to any other costs or damages, whatsoever, provided
however, the total sum payable upon termination shall not exceed the Contract Sum reduced
by prior payments.
20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these
terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the
contrary.
21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree
to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a
statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute,
the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute;
(b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to
mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be
selected by the mutual agreement of the parties; (c) If the mediation does not result in a
settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial
Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction
rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree,
the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the
decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington;
p iovided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall
be held in such location as the parties may agree after consulting with JAMS.
I
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 1BDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwa UtilirylF_Rcpair&Maiatasaacc\McCormick woods scptic taaks\2022\Rtmping\C09622 Conuw\C096.22 McCormick Woods Amual Scptic Tank Clcaning-TLfmld.docx
Page 14 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
Attachment
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with
the City, insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Contractor, their
agents, representatives, employees and subcontractors.
No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
prrovided by such insurance, or otherwise limit the City's recourse to any remedy available at law
of in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described
below:
• Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, stop gap liability, independent
contractors, products -completed operations, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance
shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03
1185. There shall be no endorsement or modification of the Commercial General Liability
insurance for liability arising from explosion, collapse, or underground property damage.
The City shall be named as an insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations
endorsement CG 20 3710 01 or substitute endorsements providing equivalent coverage.
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
City of Port Orchard and A Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewcr UtilitylF_Rrynir$Maintenanc \McCormick woods scptic t=ks\2022\Pumping1C096-22 Corumct%V9&22 McCormick Woods Annual Seplic Teak Cleaning-TUnrad.docx
Page 15 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
temporary buildings, and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by
the City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the
Contractor. The Builders Risk insurance shall be maintained until final acceptance of the
work by the City.
• Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit
$1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the
project with no coinsurance provisions.
• Workers' Compensation insurance as required by the State of Washington.
• Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum
limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000
disease - policy limit.
The City will not be responsible for payment of industrial insurance premiums or for any other
claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which
might arise under the industrial insurance laws during the performance of duties and services
under this contract. If the Department of Labor and Industries, upon audit, determines that
industrial insurance payments are due and owing as a result of work performed under this
contract, those payments shall be made by the Contractor; the Contractor shall indemnify the
City and guarantee payment of such amounts.
Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance
tlimits than the minimums shown above, the Public Entity shall be insured for the full available
its of Commercial General and Excess or Umbrella liability maintained by the Contractor,
irrespective of whether such limits maintained by the Contractor are greater than those required
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U;�_Sewcr UtilityT_Repair@Maintwnec\McCortnick woods septic tanks12022UPumping1C096-22 CmnW\C096-22 McCormick Woods Annual Septic Tank Cleaning-TLfrmtd.docx
Page 16 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
by this contract or whether any certificate of insurance furnished to the Public Entity evidences
limits of liability lower than those maintained by the Contractor.
Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,
the following provisions for Automobile Liability, Commercial General Liability and Builders Risk
insurance:
• The Contractor's insurance coverage shall be primary insurance as respect the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be
excess of the Contractor's insurance and shall not contribute with it.
• If any coverage is written on a "claims made" basis, then a minimum of three (3) year
extended reporting period shall be included with the claims made policy, and proof of this
extended reporting period shall be provided to the City.
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools,
machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's
agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective
fences.
I
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor's
in I shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than AMIL
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
irjsured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss
may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms, and endorsements related to
this project.
Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a
minimum the same insurance coverage and limits as stated herein for the Contractor (with the
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr UtiliW_Repair&MaintcnucdMcCormick woods septic Lw*s\2022\P=ping\0096-22 Contr=\CO96-22 McCormick Woods Annual Septic Tank Cleaning-TU=tddo
Page 17 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
exception of Builders Risk insurance). Upon request the City, the Contractor shall provide
evidence of such insurance. The Contractor shall ensure that the Public Entity is an additional
insured on each and every Subcontractor's Commercial General liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01
for completed operations.
Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall
not be canceled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been provided to the City. The Contractor shall provide the City and
l al Additional Insureds for this work with written notice of any policy cancellation, within two
business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with
any sums so expended to be repaid to the City on demand, or at the sole discretion of the City,
offset against funds due the Contractor from the City.
City of Port Orchard and A -Advanced Septic Services. Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:%9 Sew" Utilityf_Acpair&Muintrn cc\McCormick woods scptic tanks\20221Pomping\C096-22 ContmaT096-22 McCormick Woods Annual Scptic Tank Clcacinc-nfrmtd.docx
Page 18 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010)
,Note 1: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
,Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to
provide a warranty/maintenance bond effective at project close out prior to either release of the
performance bond or release of the 10% retainage. MAINTENANCE/WARRANTY BOND IS
WAIVED.
1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
Z. The Contractor elects to (select one):
x (1) Furnish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
(2) Have the City retain, in lieu of the performance and payment bonds, ten
percent (10%) of the total contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any liens filed under chapter
60.28 RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract,
and shall faithfully perform all the provisions of such Contract and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of the Contract that may hereafter be made, at
the time and in the manner therein specified, and shall pay all laborers, mechanics,
subcontractors, and materialmen, and all persons who shall supply such person or
persons, or subcontractors, with provisions and supplies for the carrying on of such work,
on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard,
Washington, its. officers and agents from any claim for such payment, then the funds
retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Cont fulfills the said
obligations.
Contra r ' natu a 8/2z/z2
Bo No.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 113DR 4-2022
Small Works Contract No. C096-22
UA9_Smv Utility\F_Repair&Maintmancc\McCormick woods septic tankst20221pumping\C096.22 Contract\C096-22 McCormick Woods Annual Septic Tank Cleaning-TUfr Id.doex
Page 19 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
CONTRACT NO. C096-22
Bond to City of Port Orchard, Washington
Bond No. LICX1210357
We, A Advanced Excavation Services, Inc. , and Lexon Insurance Company ,
(Principal) (Surety)
a! Texas Corporation, and as a surety corporation authorized
to become a surety upon Bonds of Contractors with municipal corporations in Washington State,
are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal
sum of Thirty Five Thousand Two Hundred Sixty One and 91/100 Dollars
($ 35,261.91 ), the payment of which sum, on demand, we bind ourselves and our
successors, heirs, administrators, executors, or personal representatives, as the case may be. This
Performance Bond is provided to secure the performance of Principal in connection with a
contract dated September 13 , 2022_, between Principal and Owner for a project entitled 2022
McCormick Woods Annual Septic Tank Cleaning Contract No. C096-22 ("Contract'). The initial
penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the
Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal, its heirs, executors, administrators, successors, or assigns:
• Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
• Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons,
and all other persons or agents who supply labor, equipment, or materials to the Project;
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82
RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which
the bond is conditioned on the payment of such taxes, increases and penalties; and
• Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be
in the amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by
the City at the request of the Surety or Principal.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
• Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of
the Principal) to faithfully perform the contract, or
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Sewer Ulilitff_gcpair&Maintmzi=\McCormick woods septic tad:s\2022\Pumping10096.22 Contract\C096-22 McCormick Woods Annual Septic Tads Clcaaing-TL6rmtddocx
Page 20 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees,
whether or not suit is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work, with the exception that Surety shall be notified
if the Contract time is extended by more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Performance and Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State
of Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this 23rd day of August , 2022
A Advanced Septic Services, Inc Lexon Insurance Company
Principal Surety
Signatu of uth Official Signature of Au orized Official
By JO',6LLa
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
By Timothy S. Buhite
Attorney in Fact (Attach Power of Attorney)
Leavitt Group Northwest
PO Box 833
Auburn, WA 98071
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9 Sewer Utility\F_Repair&Mainteaance\McCormick woods septic tanks12022\Pumping10096-22 Coafmct=96.22 McCormick Woods Annual Septic Tank Clcaning3'L&mtd dock
Page 21 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF Washington
)ss.
COUNTY OF King )
On this 22nd day of August , 20 22 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared Joshua B. Gunia , to me known to be the (check one of the following
boxes):
x❑ Vice President Of A -Advanced Septic Services. Inc. , the
corporation,
❑ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said ❑fx
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that ®x he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
\\\" x3ELYly �.IIF*Zi
Nora,q ao
' pLgLlIC
'. #.•
Notary Sent with Ink Stamp
Dated: August 22, 2022
dJ7aauelvyn&
L. Yusko
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires: April 30, 2023
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. 113DR 4-2022
Small Works Contract No. C096-22
U:\9_Scwcr lhslitff Rcpair&Maintcnan \WComrick wtw& xptic tanksV022Turnping\C096-22 Conuan1C09(M McCurmick Won& Annual S ptic Tank Cleaning-TU-1d.docx
Page 22 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
SURETY ACKNOWLEDGEMENT
STATE OF Washington )
)ss.
COUNTY OF Snohomish )
On this 23rd day of August , 2022.before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Timothy S. Buhite , to me known to be the Attorney -in -Fact
of Lexon Insurance Company , the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that ['X he
❑ she was authorized to execute said instrument.
WITNESS rely hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
Dated: Auaust 23. 2022
Phyllis Shelton
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
at: Bothell
My %a �C arI�on expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
UA9_SewerUtilityW_Pzpeir&Mamteoauc*%WCarmiA woods septic teak3U0225Pumpiagl0096-22 CwvacAC096-22 McCormick Woods Annul Sep= Tank Cleaning-TLfr=d.docz
Page 23 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
Lam, SOMPO INTERNATIONAL
I INSURANCE
POWER OF ATTORNEY
3677
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
corporation, Lexon Insurance Company, a Texas corporation, and/or Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and
collectively, "Sompo International,"do hereby constituteand appoint: Timothy S. Buhite, Deborah Cook as trueand lawful Attorney(s)-In-Fact to make, execute, seal, and
deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provideq however, that no single bond or undertaking so made, executed
and delivered shall obligate the Company forany portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars (y100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shall be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Corn pany by unanimous written consent effective the 151h
day of June, 2019, a copy of which appears below under the heading entitled "Certificate"
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 151h day of June, 2019 and said resolution has not since been revoked, amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the future with respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seat to be affixed this 15rh day of
June, 2019.
Endurancee}AssAJurance Corporatio
By. �L+T�{ W)
Richard Appel; w)/Ft,g Senior Counsel
PsswanCs
`'s PEAL ca
°v•. 2002 m;
° Vj•, DELAWARE; S
tl
Endurance American
By. In u'a c'pa�
Richard AppeISVAn&4.eniorCounsel
c,,� - can I% �ut
q,10 -89", rtg f,d�r+
SRAL
j . DELAWARE ' 3
• `p4�^ ` ma'f
AC K N OW
LEE)
Lexon In su rance Comp any Bond Safeguard
4AppeIjAVP--&,,%enio
c pa
By- By: �{
Ric and Appel; 5enr�okonsel Ric and
aguRNMC-CO np ----I •ryo
1211 00�''oR,?A ' 4U•, SOUTH ,�1,
J 5 E A L A DAKOTA 6
p; INSURANCE
v o°tr g Tb, COMPANY .' d
GEMENT
On this 151h day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that he/tgej,iSr'� I?pVjcerof each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his offic n4thZbys of each Company' �Y.•-.•tomSLAM
Amy aylmmiss%n Expires 5191231.'
CERTIFICATE
I, theundersigned Officerof each Company, DO HEREBY CERTIFY that:
1. That the original powerof attomey of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2- The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf ofthe Company any and all bonds,
undertakings or obligations in surety or co-suretywith others: RICHARD M. APPEL, BRIAN J. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS,
CHRISTOPHER L. SPARRO, MARIANNE L- WILBERT
; and be it further
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing-arid-detmwing bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3. The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whale !hereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Au ust 2o22
By
Daniel S. rie, retary
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
No coverage is provided by this Notice nor can it be construed to rellaceany provisions ofany sLrety toondor other surety coverage provided. This Noliceprovidesinformationcatcernrg
possible Impaction your surety coverage due to, directives issuedby OFAC. PleaseTead this Noticecarefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency". OFAC has identified and Isted
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Speciaily Designated Nationals and Blocked Persons% This list can be located
on the U nited States Treasurys website — ht_tps:llwww. treasury goy/mource-aenterlsanctionslSDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claming the benefits of any coverage has vidated U.S- sanctions law or is a Speaay
Designated National and Booked Person, as identified by OFAC, any coverage will be considered a blocked or frozen contract and al provisions of any coverage provided a re immed iately
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or frozen contract, no payments nor premium refunds maybe made withal
authorization from OFAC. Other limtafions on the premiums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdmin istration soon o-irrtl.com
Telephone:615-553-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122-2870
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
CONTRACT NO. C096-22
Bond to City of Port Orchard, Washington
Bond No. LICX1210357
We, A Advanced Excavation Services, Inc. and Lexon Insurance Company
(Principal) (Surety)
a Texas Corporation, and as a surety corporation authorized
to become a surety upon Bonds of Contractors with municipal corporations in Washington State,
are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal
slum of Thirty Five Thousand Two Hundred Sixty One and 91/100 Dollars
($ 35,261.91 ), the payment of which sum, on demand, we bind ourselves and our
successors, heirs, administrators, executors, or personal representatives, as the case may be. This
Performance Bond is provided to secure the performance of Principal in connection with a
contract dated September 13 , 2022 , between Principal and Owner for a project entitled 2022
McCormick Woods Annual Septic Tank Cleaning Contract No. C096-22 ("Contract"). The initial
penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the
Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal, its heirs, executors, administrators, successors, or assigns:
• Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
• Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons,
and all other persons or agents who supply labor, equipment, or materials to the Project;
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82
RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which
the bond is conditioned on the payment of such taxes, increases and penalties; and
• Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be
in the amount of twenty percent (20%) of the project costs.
Provided, further that this bond shall remain in full force and effect until released in writing by
the City at the request of the Surety or Principal.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect
loss resulting from the failure:
• Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of
the Principal) to faithfully perform the contract, or
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract A'o. C096-22
U:19 sewer Utility\F_Repair&Maintenancc\.McComick woods septic ranks\2022\Pumping1C096-22 CoruracIT096-22 McCormick Woods Annual Sepric Tank Cleaning-TH mtd.docx
Page 20 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
• Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay
all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or
any other person who provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in
connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees,
whether or not suit is commenced, in addition to the penal sum.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety's obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work, with the exception that Surety shall be notified
if the Contract time is extended by more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's
obligation under this Performance and Payment Bond shall automatically increase in a like
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Performance and Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State
of Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this 23rd day of August , 20 22 .
A Advanced Septic Sery
Principal /
Signatu f"uthori official
20
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Lexon Insurance Corn
Surety
Signature re of A6thorized Official
By Timothy S. Buhite
Attorney in Fact (Attach Power of Attorney)
Leavitt Group Northwest
PO Box 833
Auburn, WA 98071
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
C'it-v of f ort Orchard tend .,k]dvanced Septic Services. Inc
Public Ii`orks Project No. PIV2022-017 Rev TBDRd-2022
Srnull Works Contract N'o. ('096-22
l: ,`t Sewer UnH,%F Rnpni A-M. intenance M,C, rn k wonds 5eptie tanks4022V'umping�C096.22 Contmo'C096 22 %IcCotmiek Wwds Annual Septic Tank Cleaning-M mtd.ducx
Page 21 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
Washington
STATE OF 4age Intentionally left blank
)ss.
COUNTY OF King
On this 22nd day of August , 20 22 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared Joshua B. Gunia , to me known to be the (check one of the following
boxes):
x❑ Vice President Of A -Advanced Septic Services. Inc. , the
corporation,
❑ of
partnership,
❑ individual,
the
that executed the foregoing instrument to be the free and voluntary act and deed of said fl
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that ®x he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
.\\" %JELYtV�.•r���i
�4,�o+s>�ME T •X.P
NOrg9O
AVBL I
Nolary Seal with Ink Stamp
Dated: August 22, 2022
Jaquelyn L. Yusko
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at: Auburn
My Commission expires: April 30, 2023
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U,19_Scwcr Utilitff Rcpair&MaintcuwcclMcCormick wutxls septic tanksU0221'umpingNC096-22 ContrrcllC09 i-22 McCormick Wtxxls Annual Scplic Tank Clconin6 TiAmtd.docx
Page 22 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
SURETY ACKNOWLEDGEMENT
STATE OF Washington )
)ss.
COUNTY OF Snohomish }
On this 23rd day of August , 20 22 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Timothy S. Buhite to me known to be the Attorney -in -Fact
of Lexon Insurance Company the corporation that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑X he
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
`.'0'syws
0�0N°mN�?e Q'y
••`� NOTARyo„ :
� w4mii •
OUBLI C�,,p
Notarp Scal with Ink Stamp
Dated: August 23, 2022
Phyllis 5llelton
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
at: Bothell
My C mission expires:
/aZaZQa" S
Cily gJ'Port Orchard cuad: l-.4dvauced Seplic Services, Inc
Public Works Projecl Ao. Pff'2022-017 Rev. 113DR 4-2022
Small Works: Conlrcael ri'o. C096-22
[ Fi9_Scue¢ Cnlirylf ILepairRcllaintenance',YlcCormlck tanks12022U wrping1C096-22 Cont,.d,(7096-22 McConnick Woes Annual Septic Tank ClcaningJU,.td_d—
Page 23 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
SOMPO INTERNATIONAL
," INSURANCE
POWER OF ATTORNEY
3677
KNOW ALL BY THESE PRESENTS, that Endurance Assurance Corporation, a Delaware corporation, Endurance American Insurance Company, a Delaware
corporation, Lexon Insurance Company, a Texas corporation, andlor Bond Safeguard Insurance Company, a South Dakota corporation, each, a "Company" and
collectively, "Sompo International,"do hereby constitute and appoint: Timothy S. Buhite, Deborah Cook as true and lawful Attorney(s)-In-Fact to make, execute, seal, and
deliver for, and on its behalf as surety or co -surety; bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,
extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed
and delivered shall obligate the Company for any portion of the penal sum thereof in excess of the sum of ONE HUNDRED MILLION Dollars (S100,000,000.00).
Such bonds and undertakings for said purposes, when duly executed by said attomey(s)-in-fact, shalt be binding upon the Company as fully and to the same extent as if
signed by the President of the Company under its corporate seal attested by its Corporate Secretary.
This appointment is made under and by authority of certain resolutions adopted by the sole shareholder of each Company by unanimous written consent effective the 151"
day of June, 2019, a copy orwhich appears below under the heading entitled "Certificate'.
This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the sole shareholder of each Company by
unanimous written consent effective the 15" day of June, 2019 and said resolution has not since been revoked amended or repealed:
RESOLVED, that the signature of an individual named above and the seal of the Company may be affixed to any such power of attorney orany certificate relating thereto
by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Company in the futurewith respect
to any bond or undertaking to which it is attached.
IN WITNESS WHEREOF, each Company has caused this instrument to be signed by the following officers, and its corporate seal to be affixed this 15' day of
June, 2019.
Endurance Assurance Corporatio
By:16�j rM at4)
Richard Appel; *YA&Aenior Counsel
uran
lb
=`�4 vs PEAT,
2002 m
s Jj•, DELAWARE;
4 .1 .r° 44
Endu rance American
In ura cqp a;,I,
J
Richard Appel;,SV04 4enior Counsel
i��0 fns4'
' p o �
r T"C, Rare' % n
t SEAL n'
o: 1996 :3
ry , DELAWARE; U
ACKNOW
LED
Lexon Insurance Company Bond Safeguard
nsurance �orppa
4,
By: ByJ-="
rA/1.r[3fY,f I Jy1/ lij
Ric and Appel; Son unsel RippeI�AV-P-8,)§enio
0. {
L}r 6a :. x SOUTH
SEAOAKOTA
L*
�a�, wstrRANCE
COMPANY;
GEMENT r� or -%w '"°,a„m,niunm+n'd�`"
On this 15" day of June, 2019, before me, personally came the above signatories known to me, who being duly sworn, did depose and say that heltl?eq'L WgoffJaerof each
of the Companies; and that he executed said instrument on behalf of each Company by authority of his offic n4thbysofeachCompany,By. Amy Tayl5191'23-`
CERTIFICATE
I, the undersigned Officerof each Company, DO HEREBY CERTIFY that:
1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of each Company and has not since been revoked, amended or modified;
that the undersigned has compared the foregoing copy thereof with the original power of attomey, and that the same is a true and correct copy of the original power of
attorney and of the whole thereof;
2. The following are resolutions which were adopted by the sole shareholder of each Company by unanimous written consent effective June 15, 2019 and said resolutions
have not since been revoked, amended or modified:
"RESOLVED, that each of the individuals named below is authorized to make, execute, seal and deiiver for and on behalf of the Company any and all bonds,
undertakings or obligations in surety or co -surety with others: RICHARD M.APPEL, BRIANJ. BEGGS, CHRISTOPHER DONELAN, SHARON L. SIMS.
CHRISTOPHER L-SPARRO, MARIANNEL. WILBERT
; and be it further --
RESOLVED, that each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sbalirq aad dalivnring bonds,
undertakings or obligations in surety or co -surety for and on behalf of the Company."
3_ The undersigned further certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the w,'cie thereof. -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this 23rd day of Au usl 2022
By:
Daniel S. tie, retary
NOTICE: U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL (OFF
No coverage is provided by this Notice nor can it be construed to repace any provisions of any surety bond or other surety coverage provided. This Notice provides information concerning
possible impacton your surety coverage due to directives issued by OFAC. Please read this Notice carefully.
The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of "national emergency'. OFAC has identified and listed
numerous foreign agents, front organizations, terrorists, terrorist organizations, and narcotics traffickers as "Specially Designated Nationals and Blocked Persons". This list can be located
on the United States Teeas urys website — https:lfww.v.treasury aovl resource-eenterls arntionslSDN-List.
In accordance with OFAC regulations, if it is determined that you or any other person or entity claming the benefits of any coverage has violated U.S. sanctions law or is a Specially
Designated National and Blocked Person, as identified by OFAC, any coverage wit be considered ablockedor frozen contract and all provisions of arty coverage provided areimmediatdy
subject to OFAC. When a surety bond or other form of surety coverage is considered to be such a blocked or Frozen contract, no payments nor prenium refunds may be made without
authorization from OFAC. Other limtations on the preniums and payments may also apply.
Any reproductions are void.
Surety Claims Submission: LexonClaimAdmini stratiortC�somp jrAtcom
Telephone: 615-E63-9500 Mailing Address: Sompo International; 12890 Lebanon Road; Mount Juliet, TN 37122.2870
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
WAIVED
A4A1hmr-NANCE/MRRAA1= BOND
(Note: Contractor will be required to provide a warranty/maintenance bond effective at
project close out prior to either release of the performance bond or release of the 10%
retainage.)
E:
PROJECT #, PERMIT #, XXXX-XX
CONTRACT #
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
Project Name: XXXXX)OOM
Owner/Developer/Contractor
Project Address: XXXXXXX XX
XXXX-XX
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the
"Principal'), and , a corporation organized under the laws of the State
Of and authorized to transact surety business in the State of
Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port
Orchard, Washington, in the sum of
dollars ($ ) 20%Total Contract Amount, lawful money of the United States of America,
for the payment of which sum we and each of us bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS
of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements
on public property in connection with a project as described above within the City of Port Orchard;
ad
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following
written and final acceptance of the project in order to provide security for the obligation of the
P�incipal to repair and/or replace said improvements against defects in workmanship, materials or
installation during the twenty-four (24) months after written and final approval/acceptance of the
same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the
City. It is understood and agreed that this obligation shall continue in effect until released in writing
by the City, but only after the Principal has performed and satisfied the following conditions:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:Ik9 Scwa Utility\F_Rcpair$Maintm=n %McComick woods scoc tanh\20221Pumping\C096-71 ContrWW09622 McCormick Woods Annual Scptic Tank Clcaning-nfrtntd.docx
Page 24 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
A. The work or improvements installed by the Principal and subject to the terms and conditions
I
f this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -
referenced project shall remain free from defects in material, workmanship and installation (or, in
the case of landscaping, shall survive,) for a period of twenty-four (24) months afterwritten and final
acceptance of the same and approval by the City. Maintenance is defined as acts carried out to
prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the
City during the twenty-four (24) month period after final and written acceptance, and includes, but
is not limited to, repair or replacement of defective workmanship, materials or installations.
C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage
or defects in workmanship, materials or installation to the City -owned real property on which
improvements have been installed, and shall leave the same in as good condition as it was before
commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration
Work installed or completed by the Principal as described herein, fail to remain free from defects in
materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of
twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal
shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal
should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time
schedule acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary,
as determined by the City, for the City to remedy the default, up to the total
bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety
shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill
its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify
the Surety of the actual cost of the remedy, upon completion of the remedy. The
City shall return, without interest, any overpayment made by the Surety, and the
Surety shall payto the City any actual costs which exceeded the City estimate, limited
to the bond amount.
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9_Scwa Urility\F_Rcpair@Mnin mwwclMcComick woods septic tanksV02.2\P=zping\C096-22 ContraaK'09&22 McCormick Woods Amual Septic Teak Clcmins-TLfrmtk docn
Page 25 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
2. In the event the Principal fails to make repairs or provide maintenance within the
time period requested bythe City, then the City, its employees and agents shall have
the right at the City's sole election to enter onto said property described above for
the purpose of repairing or maintaining the improvements. This provision shall not
be construed as creating an obligation on the part of the City or its representatives
to repair or maintain such improvements.
Corrections. Any corrections required by the City shall be commenced within ten (10) days
of notification by the City and completed within thirty (30) days of the date of notification.
If the work is not performed in a timely manner, the City shall have the right, without
recourse to legal action, to take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work
to be performed by the Principal shall affect the obligation of the Principal or Surety on this
bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or
change. The Surety waives notice of any such change, extension, alteration or addition
thereunder.
GI. Enforcement. It is specifically agreed by and between the parties that in the event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the
prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of
the reasonable costs of securing the obligation hereunder. In the event of settlement or
resolution of these issues prior to the filing of any suit, the actual costs incurred by the City,
including reasonable attorney fees, shall be considered a part of the obligation hereunder
secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party,
not only from the proceeds of this bond, but also over and above said bond as a part of any
recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
agrees that this bond shall be governed by the laws of the State of Washington. Venue of
any litigation arising out of this bond shall be in Kitsap County Superior Court.
H: Bond Expiration. This bond shall remain in full force and effect until the obligations secured
hereby have been fully performed and until released in writing by the City at the request of
the Surety or Principal.
DATED this day of . 20_.
S I RETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By:
Its
Its
Business Name: Business Name:
Business Address: Business Address:
Cii of Port Orchard and A -Advanced Septic Services, Inc
P blic Works Project No, PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:\9 Sews Utility\F_Repair&Maintcnu=\McComick woods septic tamks\20221Pamping\C096-22 Coatraa\C096-22 McCormick Woods Artncal Septic Tank Cleaning-TUmtd.dce:
Page 26 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
City/State/Zip Code:
Telephone Number:
CITY OF PORT ORCHARD
Its Public Works Director/City Engineer
FORM P-1 / NOTARY BLOCK
City/State/Zip Code:
Telephone Number:
Date:
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
(Use For Individual/Sole Proprietor Only)
ATE OF WASHINGTON )
ss.
)UNTY OF KITSAP )
certify that I know or have satisfactory evidence that
is the person
appeared before me, and said person acknowledged that (he/she) signed this instrument, and
owledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
iment.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:V_Scwer U61itykF_Rcpair&Maintcnuwc\McComick woods septic tanks\2022URunping\0096-22 ConuWW096-22 McConnick Woods Amm] Septic Tank Cleaning-T mtd.docx
Page 27 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
of that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it to be (his/her) free and voluntary ad for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:W_Scw UtiliW_Rcpair&MaimenancdMdormick woods septic mnla\2022UknVing\C096-22 ContraaNC096-22 McCormick Woods A mwl Scpiic Tank Clcaning-TLfrmtd.docz
Page 28 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
Of that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:kScw= UtiliW_Rc*,&Maintcn .e McCormick wards scptic tan1aWMT unpictg\C09b22 Conbw\C096-22 McCorntick Woods Atmual Septic Tack Cleaning-TLfrmtddocs
Page 29 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors
i% interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to the following Pertinent Non -Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
• discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on
the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the
terms "programs or activities" to include all of the programs or activities of the Federal -
aid recipients, sub- recipients and contractors, whether such programs or activities are
Federally funded or not);
0 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-
12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts
37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately
high and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful
access to your programs (70 Fed. Reg. at 74087 to 74100);
City of Port Orchard and A -Advanced Septic Services, Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U:W'Sewer Utility\F_Repau&Mainuna WcCosmick woods septic mnb\20221PvnViag1C04/ 22 ConV WW0%-22 Mdwmick Woods A==1 Scptic Tank Cleaning-M mtd.doca
Page 30 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and A -Advanced Septic Services. Inc
Public Works Project No. PW2022-017 Rev. IBDR 4-2022
Small Works Contract No. C096-22
U.W Sewer UtiliW Rcp&&Mainten=mWcCmmick woods %spit t=M0n tmping\C09&22 Conft=T'09&22 McCormick Woods Anaual Septic Tank CI=ing-7UhMd doc%
Page 31 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
dvanced-
SEPTIC & CONSTRUCTION
Services
EXHIBIT A
l�ugust 31d, 2022
City of Port Orchard
�16 Prospect St
Port Orchard, WA 98366
1
RE: ITB — 2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
A Advanced Septic and Construction is prepared to offer the services request at the rate of ($691.41)
Six -Hundred and ninety one dollars and forty one cents, per septic tank (tax and all reporting fees
included). This bid reflect the current increase in prevailing wage.
01ur references are on file attached to our previous awarded contract with the City of Port Orchard.
Respectfully,
Jonny Morisset
Sales Director
1602 West Valley Hwy S * Auburn, WA 98001
253-435-9999 * proposals@aadvancedservices.com
Website: aadvancedservices.com
License # * ADVANSS936PA
Page 32 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
INVITATION TO BID
CITY OF PORT ORCHARD
2022 MCCORMICK WOODS ANNUAL SEPTIC TANK PUMPING
PUBLIC WORKS PROJECT NO. PW2022-017
July 20, 2022
Notice is hereby given that bids will be received for the 2022 McCormick Woods Annual Septic Tank
Pumping for the City of Port Orchard. Interested parties should submit their proposals to:
City of Port Orchard Public Works Department
216 Prospect Street
Port Orchard, WA 98366
Email: publicworks@cityofportorchard.us
RE: ITB — 2022 MCCORMICK WOODS ANNUAL SEPTIC TANK CLEANING
Proposals will be received until 1:00 PM on August 3, 2022.
No proposals will be accepted after the above -stated time
Pj'oject Details
Site(s): Various locations throughout the McCormick Woods neighborhood.
Scope of Work: Pumping of fifty-one (51) single-family residence septic tanks (approx.
1200gal/each).
This project consists of work to be performed within 45 working days from the contract date and consists
of furnishing all materials, equipment, tools, labor and other work or items incidental theretofore.
The following applies to the proposal:
• Once the contract is awarded, the City will provide an address list of the homes due to
be pumped.
• The company will schedule the septic tank pumping in such a manner to have the list of
tanks serviced by November 15, 2022.
• The City will send each residence on the pumping list a letter advising the occupant that
the company will service their septic tank in 2022.
• The company will pump all septic tank chambers to the bottom. Some residences do
not have lid access to the secondary chamber, in such instances the contractor is not
responsible for pumping the secondary chamber. In addition, the pump chamber shall
be pumped and washed down. The contractor is responsible for hauling all sewage to a
sanitary sewer treatment plant, which has the capability to process the wastewater.
• The contractor's truck will be positioned in the road and shall not drive or park on the
private driveway.
ITB-2022 McCormick Woods Annual Septic Tank Pumping Project No PW2022-017, Contract No. C096-22
Page 33 of 34
DocuSign Envelope ID: 99A4D9F8-8F3D-4A92-A75F-7B29F4F14588
• The City will pay a flat rate (tax included) for each septic tank pumped, as per the
contract. The rate per tank will be inclusive of taxes, labor, equipment, materials, and
fee costs. Bid proposal shall be submitted on bidding company's letterhead.
GENERAL TERMS AND CONDITIONS
I
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (M).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in the
State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW
39.12.020.
The project site is located in Kitsap County.
The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor's bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the contract is
executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The prime contractor bid due date is August 3,2022.
Except for janitorial contracts, the rates in effect on the bid due date shall apply for the duration
of the contract (unless otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified
and that the applicable wage and benefit rates are taken into consideration when preparing their
proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a "Statement of
Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages
accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: "I certify
that wages paid under this contract are equal to or greater than the applicable wage rates set
forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the
State of Washington Department of Labor and Industries."
ITS-2022 McCormick Woods Annual Septic Tank Pumping Project No PW2022-017, Contract No. C096-22
Page 34 of 34